United States v. Banks (7th Cir. 2023) emphasizes the importance of securing a warrant when conducting a search, even if there is reasonable suspicion to believe that a crime is being committed. The case involved a police officer seeing a convicted felon with a gun in a Snapchat post and subsequently going to his house without a warrant. After a struggle, the officers found a loaded gun and ammunition on Banks. Banks argued that the officers’ intrusion on his porch without a warrant was unlawful, and although his initial motion was denied, it was later overturned on appeal. The court reiterated that a person’s home is entitled to a high degree of protection under the Fourth Amendment, and the front porch of a residence is generally considered part of the curtilage that requires a warrant, consent, or some other Fourth Amendment exception. The case serves as a reminder that Fourth Amendment protections apply not only to a person’s home but also to the curtilage surrounding it, including the front porch, and that a simple search warrant could have easily avoided the suppression of evidence.
Any & All Search Warrants
A search warrant is a legal document issued by a Judge or Magistrate that authorizes law enforcement officials to search a particular location, such as a home or business, and …
California’s Prohibited Violation Attestation
On September 27, 2022 the California State Governor passed AB 1242 into law, effective immediately. The California law impacts search warrants, pen register, trap & trace, and wire tap in all 50 states. Simply put, electronic service providers based in California are prohibited from complying with legal process if the investigation involves abortion.
Search warrants, regardless what State they are written in, must include an attestation that the evidence sought is not related to a prohibited violation regardless of what State they are issued from.
Writing Google Geofence Search Warrants
The Google geofence is the criminal investigative technique that many consider a “magic pill” for their cases. It has the unique ability to identify unknown suspects, but it has limitations. Google retains location data for over 200,000,000 devices dating back to 2009 in a database known as Sensorvault. Google collects location data whenever one of their services is activated and whenever there is an event on the mobile device. Device events include phone calls, text messages, internet access, or email access.
When writing Google geofence search warrants, make sure your document covers the following:
Limited Initial Search Areas that exclude uninvolved crime scene surroundings.
Limit the time frame to as small of a window as reasonable.
For each search warrant in the process, include particularized probable cause about why the selected devices could be relevant to the investigation.
Writing Facebook Search Warrants
With over 200 million Facebook users in the United States, almost every Investigator will be writing Facebook search warrants in their career. Facebook, a product of Meta Platforms Inc., is …
Writing Snapchat Search Warrants
Writing a Snapchat search warrant doesn’t have to be difficult. Snapchat is one of the most popular social media apps worldwide; with over 106 Million daily active users in the …
Navigating the California Electronic Communications Privacy Act (CalECPA)
The California Electronic Communications Privacy Act is a law that goes by many names: CalECPA, ECPA, and SB178. While CalECPA can be a frustrating law for Officers to navigate, it …